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Hampton Delliner v. Scott Bessent (OSC injunction, D.C. Cir. 25-5028)

No. 25-5028 Circuit · Decided Decided
Court
D.C. Cir.
cadc
Decided
Feb 15, 2025
Filed
Feb 13, 2025
Filed (CL)
Feb 13, 2025
CL Status
terminated

Case Overview

The government appealed the temporary restraining order preventing the termination of Special Counsel Hampton Dellinger.


The Application

History

The court examined whether the district court correctly identified a statutory protection limiting removal of the Special Counsel to cases of misconduct or unfitness, evaluated whether the TRO's issuance properly weighed the plaintiff's likelihood of vindicating statutory rights against the government's interest in executive authority, and considered the public interest in both judicial preservation of the proceeding and presidential control over executive officers.

The Conclusion

The D.C. Circuit decided the appeal addressing the enforceability of the Special Counsel's statutory tenure protection and the appropriateness of the preliminary injunction restraining termination pending full litigation.

Outcome History (1)

  1. Feb 15, 2025 Circuit
    Dismissed Relief denied Final

    Case dismissed for lack of jurisdiction, emergency motion for stay pending appeal dismissed as moot, and alternative request for mandamus relief denied.

Federal Court TMR-d77415ec Firing of Special Counsel <br> Appeal of 1:25-cv-00385 May 18, 2026
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